1. Purpose
The Marketplace operates an online platform that allows third-party sellers to list and sell collectibles and trading card game products, including Magic: The Gathering products, to buyers. This Agreement sets the terms under which the Seller may use the Marketplace to list, market, and fulfill sales.
2. Eligibility
The Seller represents and warrants that:
- The Seller is legally able to enter into a binding contract.
- All information provided to the Marketplace is true, accurate, current, and complete.
- The Seller will keep account credentials secure.
- If the Seller is acting for a business, the person accepting this Agreement has authority to bind that business.
The Marketplace may approve, reject, suspend, or terminate seller accounts at its discretion, including where there is suspected fraud, counterfeit risk, policy abuse, or other conduct that may harm buyers or the Marketplace.
3. Products Covered
The Seller may list only products that are approved by the Marketplace. Permitted items may include Magic: The Gathering singles, sealed product, accessories, graded cards, and related collectibles, subject to Marketplace policies and category restrictions.
The Marketplace may limit, remove, or reclassify products or categories at any time.
4. Listing Requirements
Each listing must be accurate, complete, and not misleading.
- The correct product name, set, language, finish, and quantity.
- The correct edition and printing.
- Whether the item is foil, non‑foil, etched, or otherwise special.
- The item condition using Marketplace condition standards.
- Whether the item is sealed, opened, signed, altered, misprinted, or part of a lot.
- Any material defects or missing contents that affect value.
5. Authenticity and Ownership
The Seller represents and warrants that:
- The Seller owns the products or has the legal right to sell them.
- The products are authentic and lawful to sell.
- The Seller will not misrepresent proxies, replicas, or custom items as official products.
- The Seller will not use unauthorized images or intellectual property.
If the Marketplace suspects counterfeit or infringing goods, it may remove the listing, withhold payouts, require proof of authenticity, or suspend the Seller.
6. Inventory and Fulfillment
The Seller may list only items available for shipment within the Seller's stated handling time. Inventory must remain accurate.
Items must be packaged in a way that protects them during shipping. Trading cards should be shipped using sleeves, top loaders, team bags, boxes, or other protective packaging appropriate for the product.
7. Prohibited Conduct
- Listing counterfeit, stolen, illegal, or infringing goods.
- Manipulating prices, rankings, feedback, or sales history.
- Using bots, scraping, or automation without authorization.
- Circumventing the Marketplace to avoid fees.
- Misstating card condition, authenticity, or shipping speed.
- Harassing buyers, sellers, or Marketplace staff.
8. Pricing and Fees
The Seller controls listing prices unless Marketplace pricing rules apply. Sellers are responsible for reviewing prices, taxes, shipping charges, and Marketplace fees before submitting listings.
The Seller authorizes the Marketplace to deduct commissions, payment processing fees, refunds, chargebacks, reserves, penalties, and other amounts from payouts as permitted by law and policy.
9. Payments and Payouts
The Marketplace may collect payment from buyers and remit net proceeds to the Seller after deducting applicable fees and authorized deductions.
Payout timing, verification requirements, and payment methods may be set by Marketplace policy and may change from time to time.
10. Taxes
The Seller is responsible for determining and remitting all taxes related to sales unless applicable law requires the Marketplace to collect or remit tax as a marketplace facilitator.
11. Cancellations, Returns, and Refunds
The Seller must comply with Marketplace cancellation, return, and dispute policies. If items are not received, damaged due to poor packaging, materially different from listings, or counterfeit, the Marketplace may issue refunds and charge the Seller accordingly.
12. Presales and Release Items
If presales are allowed, the Seller must clearly disclose release dates, allocation risks, and cancellation rules. Sellers must not offer presales for inventory that is uncertain or not allocated.
13. Intellectual Property
The Seller retains ownership of original content but grants the Marketplace a non-exclusive, worldwide, royalty-free license to use, host, display, distribute, and reproduce listing content for marketplace operation and marketing.
14. Magic: The Gathering Brand Rules
Magic: The Gathering trademarks and artwork belong to their respective rights holders. Sellers must not imply official affiliation with Wizards of the Coast, Hasbro, or related entities unless expressly authorized.
15. Consumer Protection and Privacy
The Seller must comply with applicable Canadian and Ontario consumer protection, advertising, and privacy laws when using the Marketplace and handling customer information.
16. Performance Standards
The Marketplace may monitor performance metrics such as shipment delays, cancellations, disputes, refunds, packaging issues, and policy violations.
Failure to meet standards may result in warnings, listing removal, restrictions, delayed payouts, verification requirements, or suspension.
17. Suspension and Termination
The Marketplace may suspend or terminate Seller accounts if the Seller breaches this Agreement, commits fraud, sells counterfeit goods, or creates risk to buyers or the Marketplace.
18. Indemnification
The Seller agrees to defend and indemnify the Marketplace and its affiliates against claims, damages, losses, liabilities, and expenses arising from the Seller's products, listings, legal violations, or misconduct.
19. Disclaimers
The Marketplace is provided on an "as is" and "as available" basis without warranties of uninterrupted access, error-free operation, or guaranteed sales performance.
20. Limitation of Liability
To the fullest extent permitted by law, the Marketplace shall not be liable for indirect or consequential damages or losses. Total liability shall not exceed the net fees paid by the Seller during the six months preceding the claim.
21. Confidentiality
The Seller must not disclose non-public Marketplace information, including buyer data, internal policies, or technical systems. Buyer information must be used only for order fulfillment and customer support.
22. Independent Contractors
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship except where payment collection authority is explicitly granted.
23. Notices
Notices may be sent to the contact information in the Seller account or to another address designated by either party according to Marketplace policy.
24. Governing Law and Venue
This Agreement shall be governed by the laws of Ontario and the laws of Canada applicable therein. Courts located in Ontario shall have exclusive jurisdiction over disputes arising from this Agreement.
25. Changes to This Agreement
The Marketplace may update this Agreement by posting a revised version on the website or providing notice through the seller dashboard or email. Continued use of the Marketplace constitutes acceptance of updated terms.
26. Entire Agreement
This Agreement, together with Marketplace Terms of Service, policies, fee schedule, privacy policy, and shipping standards, forms the entire agreement between the parties regarding the Seller's use of the Marketplace.